While You Were Sleeping: In 2 am Hearing SC Refuses To Stay Yeddyurappa's Swearing In As Karnataka CM, But Expresses Doubts

The court also wondered how the BJP will prove majority in Assembly.

In an unusual early morning hearing the Supreme Court refused to stop the swearing in of BJP's BS Yeddyurappa today morning, but wanted him produce the letters written by him to the governor on May 15 and 16, staking claim to form government.

The hearing in court number 6 of the Supreme Court began after Abhishek Manu Singhvi filed a petition on behalf of the Congress-JD(S) alliance.

#Breaking: Supreme Court directs production of letter written by BS Yeddyurappa @BSYBJP on May 15, May 16 to Governor;

No stay on swearing-in. However, the same will be subject to outcome of case.

Notice issued to respondents. Matter to be taken up at 10.30 am on Friday.

While Singhvi argued that it was as simple as 104 seats from the BJP against 116 from the Congress-JD(S) alliance, Mukul Rohatgi who was appearing for the BJP brushed off criticism saying there was no proof that the BJP did not have the numbers.

Rohatgi was quoted by Bar and Bench as saying, "I was woken up from sleep at midnight. This petition should never have been taken up at midnight. Will heavens fall if somebody is sworn in?"

The apex court also questioned the basis on which Yeddyurappa was invited to form government.

NDTV reported the court as saying "the arithmetic defies in what way he was invited". The bench also wondered how BJP would prove majority crossing the half way mark, 112, when Congress-JD(S) had 116 MLAs.